Collection of Delinquent Non-Tax Debts by Administrative Wage Garnishment, 22786-22787 [2014-09295]

Download as PDF 22786 Federal Register / Vol. 79, No. 79 / Thursday, April 24, 2014 / Proposed Rules 258492 inclusive, 258494 through 258512 inclusive, 258514 through 258532 inclusive, 258534 through 258540 inclusive, 258542 through 258555 inclusive, 258557 through 258566 inclusive, 258278, 258541, 258556, 258567 through 258609 inclusive, 258611 through 258628 inclusive, 258630 through 258684 inclusive, 258686 through 258734 inclusive, 258736 through 258788 inclusive, 258795, 258802, 258821, 258825, 258829, 258834, 258840, and 258847; equipped with a kit numbered 140–1701–1, 140–1702–1, 140–1703–1,140–1703–5, 140–1703–7, or 140–1704–1 that was purchased from Hawker Beechcraft on or before February 13, 2013. (2) Beechcraft Corporation (Type Certificate previously held by Hawker Beechcraft Corporation; Raytheon Aircraft Company) Model Hawker 850XP airplanes having serial numbers 258789 through 258794 inclusive, 258796, 258798 through 258801 inclusive, 258803 through 258819 inclusive, 258822, 258823, 258826 through 258828 inclusive, 258830 through 258833 inclusive, 258835 through 258838 inclusive, 258841, 258844, 258845, 258848, 258852, 258855, 258856, 258858, 258859, 258861, 258872, 258874, 258876, 258891, 258893, 258895, 258900, 258901, 258904, 258907, 258909, 258912, 258915, 258921, 258959, 258961, 258963, 258977, 258980, 258982, and subsequent serial numbers; equipped with a kit numbered 140–1701–1, 140–1702– 1, 140–1703–1, 140–1703–5, 140–1703–7, or 140–1704–1 that was purchased on or before February 13, 2013. (3) Beechcraft Corporation (Type Certificate previously held by Hawker Beechcraft Corporation; Raytheon Aircraft Company) Model Hawker 900XP airplanes, having serial numbers HA–0156 and HA– 0159. (h) Definition For the purposes of this AD, a general visual inspection is a visual examination of an interior or exterior area, installation, or assembly to detect obvious damage, failure, or irregularity. This level of inspection is made from within touching distance unless otherwise specified. A mirror may be necessary to ensure visual access to all surfaces in the inspection area. This level of inspection is made under normally available lighting conditions such as daylight, hangar lighting, flashlight, or droplight and may require removal or opening of access panels or doors. Stands, ladders, or platforms may be required to gain proximity to the area being checked. mstockstill on DSK4VPTVN1PROD with PROPOSALS (i) Exception to the Service Information 17:04 Apr 23, 2014 Jkt 232001 (k) Alternative Methods of Compliance (AMOCs) (1) The Manager, Wichita Aircraft Certification Office (ACO), FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the manager of the ACO, send it to the attention of the person identified in the Related Information section of this AD. (2) Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/ certificate holding district office. (l) Related Information (1) For more information about this AD, contact Jeffrey Englert, Aerospace Engineer, Mechanical Systems and Propulsion Branch, ACE–116W, FAA, Wichita Aircraft Certification Office, 1801 Airport Road, Room 100, Mid-Continent Airport, Wichita, KS 67209; phone: (316) 946–4167; fax: (316) 946–4107; email: jeffrey.englert@faa.gov. (2) For service information identified in this AD, contact Beechcraft Corporation, TMDC, P.O. Box 85, Wichita, KS 67201– 0085; telephone 316–676–8238; fax 316–671– 2540; email tmdc@beechcraft.com; Internet https://pubs.beechcraft.com. You may view this referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425–227–1221. Issued in Renton, Washington, on April 17, 2014. Jeffrey E. Duven, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2014–09311 Filed 4–23–14; 8:45 am] BILLING CODE 4910–13–P A note in the Accomplishment Instructions of the Hawker Beechcraft Mandatory Service Bulletin SB 57–4112, dated February 2013, instructs operators to contact Hawker Beechcraft if any difficulty is encountered in accomplishing the service information. However, this AD requires that any deviation from the instructions provided in Hawker Beechcraft Mandatory Service Bulletin SB 57–4112, dated February 2013, must be approved as an alternative method of compliance (AMOC) under the provisions of paragraph (k) of this AD. VerDate Mar<15>2010 (j) Parts Installation Limitation For all airplanes: As of the effective date of this AD, no kit having kit number 140– 1701–1, 140–1702–1, 140–1703–1, 140– 1703–5, 140–1703–7, or 140–1704–1 that was purchased before February 13, 2013, may be installed on any airplane unless the installation includes sealant on doubler plate edges, doubler plate rivets, and adjacent skin in the top and bottom of the left and right fuel vent surge tanks, as specified in the Accomplishment Instructions of Hawker Beechcraft Mandatory Service Bulletin SB 57–4112, dated February 2013. POSTAL SERVICE 39 CFR Part 492 Collection of Delinquent Non-Tax Debts by Administrative Wage Garnishment Postal Service. Proposed rule. AGENCY: ACTION: PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 The United States Postal Service proposes to add a provision to its regulations in order to implement the administrative wage garnishment (AWG) provisions of the Debt Collection Improvement Act of 1996 (DCIA), and to allow the Bureau of the Fiscal Service (BFS) of the United States Treasury to collect debts owed to the Postal Service, that the Postal Service refers to BFS for collection, by AWG. DATES: Comments must be received on or before June 23, 2014. ADDRESSES: Mail or deliver written comments to Ruth Stevenson, U.S. Postal Service, 475 L’Enfant Plaza SW., Room 6416, Washington, DC 20260– 1150. You may inspect and photocopy all written comments at USPS Headquarters Library, 475 L’Enfant Plaza SW., 11th Floor North, Washington, DC, by appointment only between the hours of 9 a.m. and 4 p.m., Monday through Friday. Call 1–202– 268–2906 in advance for an appointment. Email comments, containing the name and address of the commenter, may be sent to: awgcomments@ usps.gov. Faxed comments are not accepted. FOR FURTHER INFORMATION CONTACT: Ruth Stevenson at (202) 268–6724. SUPPLEMENTARY INFORMATION: After providing debtors with the requisite opportunity for notice and review, the Postal Service currently may refer nontax delinquent debts to the United States Treasury Bureau of the Fiscal Service (BFS), formerly the Financial Management Service (FMS), for centralized collection and/or offset. Among other potential collection tools, BFS may utilize Administrative Wage Garnishment (AWG) to collect delinquent debts referred to it by federal agencies. AWG allows a federal entity to enforce collection of a debt by garnishing wages the debtor receives from a non-federal (private) employer after affording the debtor with notice and certain administrative proceedings, including the right to a hearing. Provisions of the DCIA, codified at 31 U.S.C. 3720D, authorize Federal agencies to collect non-tax debt owed to the United States by AWG. The Treasury has also issued an implementing regulation at 31 CFR 285.11. However, before BFS may utilize AWG to collect debts that the Postal Service refers to it, the Postal Service must first implement regulations authorizing the collection of non-tax delinquent debt by AWG. The Postal Service accordingly proposes to add new part 492, containing § 492.1, to title 39 of the Code of Federal SUMMARY: E:\FR\FM\24APP1.SGM 24APP1 Federal Register / Vol. 79, No. 79 / Thursday, April 24, 2014 / Proposed Rules mstockstill on DSK4VPTVN1PROD with PROPOSALS Regulations in order to authorize collection of Postal debts by AWG. The regulation proposed by the Postal Service provides that the Treasury regulation, 31 CFR 285.11, shall apply to AWG proceedings conducted by, or on behalf of, the Postal Service. Section 285.11 includes procedural protections, including notice requirements and hearing procedures, to allow individuals to contest the existence or amount of the debt and/or to assert that collection by garnishment would present an undue hardship prior to collection by AWG. BFS will pursue AWG on behalf of the Postal Service as part of its normal debt collection process. This includes issuing notices to debtors and garnishment orders to employers, as well as conducting required administrative hearings on behalf of the Postal Service, in accordance with the procedures contained in 31 CFR 285.11. AWG, which involves the garnishment of wages a debtor receives from a private employer, is a separate procedure from administrative salary offsets taken from current federal employees’ salaries (including Postal employees’ salaries) in order to satisfy a debt owed to the United States. See 5 U.S.C. 5514; 39 CFR part 961. It is also a distinct procedure from the garnishment of current Postal Service VerDate Mar<15>2010 17:04 Apr 23, 2014 Jkt 232001 employee and Postal Service Rate employee salaries, as detailed in 39 CFR part 491. Accordingly, the procedures contained in these provisions are not affected by this rule. In addition, the provisions pertaining to administrative offset contained in 39 CFR part 966 are not affected by this rule. As noted, the Postal Service must afford individuals with notice and an opportunity for review prior to referring a debt to the Treasury for collection and/or administrative offset, in accordance with ELM 470–480 and/or 39 CFR part 966, if applicable. Treasury may then determine to pursue collection of the debt by AWG, after providing the debtor with any additional process or procedures required by 31 CFR 285.11. List of Subjects in 39 CFR Part 492 Administrative practice and procedure, Claims, Wages. For the reasons stated in the preamble, the Postal Service proposes to add 39 CFR part 492 as set forth below: ■ PART 492—ADMINISTRATIVE WAGE GARNISHMENT FROM NON-POSTAL SOURCES Authority: 31 U.S.C. 3720D; 39 U.S.C. 204, 401, 2601; 31 CFR 285.11. PO 00000 Frm 00011 Fmt 4702 Sfmt 9990 22787 § 492.1 Collection of delinquent non-tax debts by administrative wage garnishment. (a) This section provides procedures for the Postal Service to collect money from a debtor’s disposable pay by means of administrative wage garnishment, in accordance with 31 U.S.C. 3720D and 31 CFR 285.11, to satisfy delinquent nontax debt owed to the United States. (b) The Postal Service authorizes the United States Treasury Bureau of the Fiscal Service or its successor entity to collect debts by administrative wage garnishment, and conduct administrative wage garnishment hearings, on behalf of the Postal Service in accordance with the requirements of 31 U.S.C. 3720D and the procedures contained in 31 CFR 285.11. (c) The Postal Service adopts the provisions of 31 CFR 285.11 in their entirety. The provisions of 31 CFR 285.11 should therefore be read as though modified to effectuate the application of that regulation to administrative wage garnishment proceedings conducted by, or on behalf of, the U.S. Postal Service. Stanley F. Mires, Attorney, Legal Policy & Legislative Advice. [FR Doc. 2014–09295 Filed 4–23–14; 8:45 am] BILLING CODE P E:\FR\FM\24APP1.SGM 24APP1

Agencies

[Federal Register Volume 79, Number 79 (Thursday, April 24, 2014)]
[Proposed Rules]
[Pages 22786-22787]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-09295]


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POSTAL SERVICE

39 CFR Part 492


Collection of Delinquent Non-Tax Debts by Administrative Wage 
Garnishment

AGENCY: Postal Service.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The United States Postal Service proposes to add a provision 
to its regulations in order to implement the administrative wage 
garnishment (AWG) provisions of the Debt Collection Improvement Act of 
1996 (DCIA), and to allow the Bureau of the Fiscal Service (BFS) of the 
United States Treasury to collect debts owed to the Postal Service, 
that the Postal Service refers to BFS for collection, by AWG.

DATES: Comments must be received on or before June 23, 2014.

ADDRESSES: Mail or deliver written comments to Ruth Stevenson, U.S. 
Postal Service, 475 L'Enfant Plaza SW., Room 6416, Washington, DC 
20260-1150. You may inspect and photocopy all written comments at USPS 
Headquarters Library, 475 L'Enfant Plaza SW., 11th Floor North, 
Washington, DC, by appointment only between the hours of 9 a.m. and 4 
p.m., Monday through Friday. Call 1-202-268-2906 in advance for an 
appointment. Email comments, containing the name and address of the 
commenter, may be sent to: awgcomments@ usps.gov. Faxed comments are 
not accepted.

FOR FURTHER INFORMATION CONTACT: Ruth Stevenson at (202) 268-6724.

SUPPLEMENTARY INFORMATION: After providing debtors with the requisite 
opportunity for notice and review, the Postal Service currently may 
refer non-tax delinquent debts to the United States Treasury Bureau of 
the Fiscal Service (BFS), formerly the Financial Management Service 
(FMS), for centralized collection and/or offset. Among other potential 
collection tools, BFS may utilize Administrative Wage Garnishment (AWG) 
to collect delinquent debts referred to it by federal agencies. AWG 
allows a federal entity to enforce collection of a debt by garnishing 
wages the debtor receives from a non-federal (private) employer after 
affording the debtor with notice and certain administrative 
proceedings, including the right to a hearing.
    Provisions of the DCIA, codified at 31 U.S.C. 3720D, authorize 
Federal agencies to collect non-tax debt owed to the United States by 
AWG. The Treasury has also issued an implementing regulation at 31 CFR 
285.11. However, before BFS may utilize AWG to collect debts that the 
Postal Service refers to it, the Postal Service must first implement 
regulations authorizing the collection of non-tax delinquent debt by 
AWG. The Postal Service accordingly proposes to add new part 492, 
containing Sec.  492.1, to title 39 of the Code of Federal

[[Page 22787]]

Regulations in order to authorize collection of Postal debts by AWG.
    The regulation proposed by the Postal Service provides that the 
Treasury regulation, 31 CFR 285.11, shall apply to AWG proceedings 
conducted by, or on behalf of, the Postal Service. Section 285.11 
includes procedural protections, including notice requirements and 
hearing procedures, to allow individuals to contest the existence or 
amount of the debt and/or to assert that collection by garnishment 
would present an undue hardship prior to collection by AWG. BFS will 
pursue AWG on behalf of the Postal Service as part of its normal debt 
collection process. This includes issuing notices to debtors and 
garnishment orders to employers, as well as conducting required 
administrative hearings on behalf of the Postal Service, in accordance 
with the procedures contained in 31 CFR 285.11.
    AWG, which involves the garnishment of wages a debtor receives from 
a private employer, is a separate procedure from administrative salary 
offsets taken from current federal employees' salaries (including 
Postal employees' salaries) in order to satisfy a debt owed to the 
United States. See 5 U.S.C. 5514; 39 CFR part 961. It is also a 
distinct procedure from the garnishment of current Postal Service 
employee and Postal Service Rate employee salaries, as detailed in 39 
CFR part 491. Accordingly, the procedures contained in these provisions 
are not affected by this rule. In addition, the provisions pertaining 
to administrative offset contained in 39 CFR part 966 are not affected 
by this rule. As noted, the Postal Service must afford individuals with 
notice and an opportunity for review prior to referring a debt to the 
Treasury for collection and/or administrative offset, in accordance 
with ELM 470-480 and/or 39 CFR part 966, if applicable. Treasury may 
then determine to pursue collection of the debt by AWG, after providing 
the debtor with any additional process or procedures required by 31 CFR 
285.11.

List of Subjects in 39 CFR Part 492

    Administrative practice and procedure, Claims, Wages.


0
For the reasons stated in the preamble, the Postal Service proposes to 
add 39 CFR part 492 as set forth below:

PART 492--ADMINISTRATIVE WAGE GARNISHMENT FROM NON-POSTAL SOURCES

    Authority:  31 U.S.C. 3720D; 39 U.S.C. 204, 401, 2601; 31 CFR 
285.11.


Sec.  492.1  Collection of delinquent non-tax debts by administrative 
wage garnishment.

    (a) This section provides procedures for the Postal Service to 
collect money from a debtor's disposable pay by means of administrative 
wage garnishment, in accordance with 31 U.S.C. 3720D and 31 CFR 285.11, 
to satisfy delinquent nontax debt owed to the United States.
    (b) The Postal Service authorizes the United States Treasury Bureau 
of the Fiscal Service or its successor entity to collect debts by 
administrative wage garnishment, and conduct administrative wage 
garnishment hearings, on behalf of the Postal Service in accordance 
with the requirements of 31 U.S.C. 3720D and the procedures contained 
in 31 CFR 285.11.
    (c) The Postal Service adopts the provisions of 31 CFR 285.11 in 
their entirety. The provisions of 31 CFR 285.11 should therefore be 
read as though modified to effectuate the application of that 
regulation to administrative wage garnishment proceedings conducted by, 
or on behalf of, the U.S. Postal Service.

Stanley F. Mires,
Attorney, Legal Policy & Legislative Advice.
[FR Doc. 2014-09295 Filed 4-23-14; 8:45 am]
BILLING CODE P
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